Town of North Hempstead, NY Article VII Miscellaneous Provisions

Editor's Note: Former §§ 41 through 44 of this article were renumbered following the amendment of Art. VI 9-10-2002 by L.L. No. 14-2002.

§ 44 Penalties for offenses.

[Amended 6-10-1997 by L.L. No. 11-1997; 3-27-2001 by L.L. No. 5-2001]

A. Every person convicted of a violation of the following sections of this Code shall be punished in accordance with the following schedule:

[Amended 12-9-2014 by L.L. No. 21-2014]

(1) For violation of §§ 36B and 37B, by a fine of $225, plus any surcharge payable to other governmental entities, and penalties under § 45 for late payment, if applicable.

(2) For violation of § 15B(1) through and including B(11), of § 15C, and of any offense in Articles III and IV, except §§ 20 and 23 of this Code, by a fine of $80, plus any surcharge payable to other governmental entities, and penalties under § 45 for late payment, if applicable.

(3) For violation of §§ 20 and 23 of this Code and any offense in Article IX of this Code, except those enumerated above in the preceding Subsection A(1) and (2), by a fine of $30, plus any surcharge payable to other governmental entities, and penalties under § 45 for late payment, if applicable.

(4) For commission of any other violation under this Code, except for those enumerated above in this Subsection A and except for violations under the Vehicle and Traffic Law of the State of New York, by a fine of $100, plus any surcharge payable to other governmental entities, and penalties under § 45 for late payment, if applicable.

B. Notwithstanding anything to the contrary in this section, the maximum amount payable for the violation of any provision of this Code, including fines, surcharges of other governmental entities and penalties for late payment, shall be $500 for any one offense.

§ 45 Penalties for late payment.

[Added 6-10-1997 by L.L. No. 11-1997]

The Clerk is authorized to utilize the following fines for parking summonses returnable in the District Court of Nassau County or the Nassau County Traffic and Parking Violations Agency:

A. For parking summonses paid on or before the return date indicated thereon, only the fine amount indicated on the summons shall be imposed.

B. For parking summonses paid after the return date indicated thereon, $10 in addition to the fine amount indicated on the summons shall be imposed as an increased fine for late payment, except for those parking infractions where the increased fine will exceed the maximum amount of fine established by law, ordinance or regulation.

C. For parking summonses paid after the return date indicated thereon, and after the issuance of the first warning notice for the particular summons, the following will apply, except for those parking infractions where the increased fine will exceed the maximum amount of fine established by law, ordinance or regulation:

(1) Where the parking violation is of a law, regulation or ordinance providing for a maximum fine of $100 per violation, a total of $50 in addition to the fine amount indicated on the summons shall be imposed as a late payment fine.

(2) Where the parking violation is of a law, regulation or ordinance providing for a maximum fine of $50 per violation, a total of $25 in addition to the fine amount indicated on the summons shall be imposed as a late payment fine.

(3) Where the parking violation is of a law, regulation or ordinance providing for a maximum fine of $25 per violation, a total of $10 in addition to the fine amount indicated on the summons shall be imposed as a late payment fine.

D. For parking violations unpaid after the time prescribed in the first warning notice, the second notice will include an additional fine of the balance of the maximum amount allowed by law as a late payment fine.

E. The present form of parking ticket shall remain with the ticket number printed in bar code, including vehicle identification information consisting of registration expiration date and registration type. The following notice shall also be included in red, upper-case, bold-face characters:

"IF PAYMENT IS NOT MADE BY THE DATE INDICATED, ADDITIONAL FINES WILL BE ASSESSED."

§ 46 When effective.

A. Except those parts, if any, which are subject to approval under § 1684 of the Vehicle and Traffic Law of the State of New York, this Traffic Code and any regulations adopted hereunder shall take effect as provided by law.

B. Any part or parts of this Traffic Code and any regulations adopted hereunder which are subject to approval under § 1684 of the Vehicle and Traffic Law of the State of New York shall take effect from and after the day on which approval, in writing, is received from the New York State Department of Transportation.

§ 47 Severability.

If any article, section, subsection, paragraph, sentence, clause or provision of this Traffic Code shall be adjudged by any court of competent jurisdiction to be invalid, such adjudication shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the article, section, subsection, paragraph, sentence, clause or provision thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 48 Repealer.

All prior ordinances, regulations and rules, or parts thereof, of this town regulating traffic and parking are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance, regulation or rule hereby repealed prior to the taking effect of this Traffic Code.